Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.
Josh Blackman
Latest from Josh Blackman
ABA Tries Again With Legal-Ed Diversity Rule
"Concrete actions towards creating an inclusive and equitable environment under Standard 206(a)(3) may include . . . Continuing education for faculty members regarding the effective use of diversity in the classroom."
SCOTUS Does Not Decide S.B. 8 Cases
The longer this delay lasts, the less likely that Texas will lose.
Bluebook Adopts Rule Requiring Slavery Parentheticals
"For cases involving an enslaved person as a party, use the parenthetical '(enslaved party).'"
President Biden Will Transfer Power To VP Harris During His Colonoscopy
Doubts about the Presidential Succession Act remain in light of a 1995 article by Akhil Reed Amar and Vikram Amar.
A Thought Experiment: Phase Out Supreme Court Clerks
Eliminating these unique positions of immense power and prestige would have several downstream benefits, and the downsides are also probably benefits.
Judge Silberman Petitions The Judicial Council To Review His Misconduct Complaint Against Judge Sullivan [Updated]
"The reasoning [of the Committee's opinion] is so tortured and inexplicable it is hard to imagine that any Article III judge could have written it."
After A Decade of Litigation, 77-Year-Old Barronelle Stutzman Retires And Settles Arlene's Flowers Case for $5,000
She couldn't wait any longer for the Supreme Court to rule on her case.
Conservative and Libertarian Law Students At Yale Law School Should Transfer Out En Masse
Punish YLS where it hurts: by denying them credit for coveted clerkships.
A Timely, Brief History of Initial En Banc in the Sixth Circuit
Republishing a post from April 2021 in light of the petition for initial en banc in the OSHA Mandate case
President Biden Nominates First Judge in Double-Red State
Andre B. Mathis of Tennessee may not receive blue slips from the state's two Republican Senators.
Poll: People Oppose Overruling Roe, But Favor 15-Week Abortion Ban
Polling data reveals people have no clue what Roe and Casey actually say.
New Paper: "Fighting Antisemitism by Protecting Religious Liberty"
"Protecting the free exercise of religion is a key aspect of fighting antisemitism."
In Light of Tandon and Fulton, Do Exemptions to Anti-Discrimination Laws Undermine The Government's Compelling Interest That Justifies Burdening The Free Exercise of Religion?
An unanswered question from Hobby Lobby and Masterpiece returns.
Originalism, Inc.
There is a big difference between "Originalism Inc." and unincorporated originalists.
New Churches, New Movements
Further thoughts on the outcome of Dobbs
Grateful For A Long-Overdue Debate on Dobbs, Originalism, and Stare Decisis
There has been a surprising quiet about one of the most consequential Supreme Court cases in a generation.
A Message From A Current 3L and FedSoc Officer About Dobbs
This message is representative of what I've been hearing.
The South Dakota Contempt Case Against The U.S. Marshals Comes To An End
"Given the concession by all involved that the conflicting desires and policies of the USMS and the Court regarding COVID-19 and court security precipitated the events in this case, it is wholly unjust to place the blame solely on these named defendants by trying them for contempt."
Reconditioning RBG
Justice Ginsburg's personal trainer says she was uninformed about the kneeling controversy.
Is The Threat of Termination For Failure To Get Vaccinated Irreparable Harm?
Justice Gorsuch said yes. Justice Barrett may have thought no.
#FedSoc2021 and Dobbs
Synthesizing three days of debate and discussion.
Fifth Circuit Grants Stay Pending Review in OSHA Vaccine Mandate Case
The Circuit Court lottery will be held on Tuesday.
"Who Decides" by Jeffrey S. Sutton
A must-read book from the Chief Judge of the Sixth Circuit.
The Justices Struggle To Remember Luther v. Borden
A surreal colloquy from U.S. v. Vaello-Madero.
The Effect Of A Permanent Injunction in the Fifth Circuit OSHA Case
Would a permanent injunction bypass the Circuit Court lottery?
Linda Greenhouse Asks If Amy Coney Barrett is "Living Phyllis Schlafly's Unrealized Dream"
An excerpt from Greenhouse's new book, Justice on the Brink
The Goldwater Institute Is Hiring
The public interest law firm in Phoenix is looking for a Senior Attorney, a Staff Attorney, and and Legal Programs Manager
Sean Wilentz Reviews Noah Feldman's New Lincoln Book, "The Broken Constitution"
"Feldman contends that [Jefferson] Davis was right and Lincoln was wrong."
State Attorneys General File Suit Against OSHA Vaccine Mandate
Red states in blue circuits look elsewhere.